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HomeMy WebLinkAbout2008 - March 17 Planning Commission Minutes Q..Q5 c:o.G. Q3 March 17, 2008 10f8 Minutes Planning Commission City of Orange 17 March 2008 Tuesday-7:00 p.m. PRESENT: ABSENT: Commissioners Bonina, Merino, Steiner and Whitaker Commissioner Imboden STAFF PRESENT: Ed Knight, Assistant Planning Director Chad Ortlieb, Senior Planner Sona1 Thakur, Assistant Planner Gary Sheatz, Assistant City Attorney Sandi Dimick, Recording Secretary ADMINISTRATIVE SESSION: Chair Steiner opened the Administrative Session @ 6:40 p.m. Chair Steiner stated he would be absent from the April 7, 2008 Planning Commission Meeting. He opened the session with a review ofthe Agenda. Continued or Withdrawn items: Item #1, Richardson In-fill Garage/Office, Zone Change. Continued to April 7, 2008. Commissioner Bonina stated he had driven by the area, however, could not find the specific location. Commissioner Whitaker stated it was the only stone house on the street and the property was obscured by a hedge Consent Calendar: Item #2, Approval ofthe February 20,2008 minutes. No changes or corrections noted. Commissioners Bonina and Whitaker would abstain from approval as they had been absent from the February 20, 2008 Planning Commission Meeting. Item #3, Choc Hospital Lobby: A continuance from the March 3, 2008 Planning Commission Meeting. Chair Steiner .asked if there would be a representative from the Fire Department present? Mr. Knight stated there would not be. Item #4, King Lobster Palace: A continuance from the March 3, 2008 Planning Commission Meeting with a proposal for a Type 41 ABC license. Commissioners stated they would have questions when the item was presented. Chair Steiner asked if a representative from the Police Department would be present. Ms. Thakur stated yes, a Police Department representative would be present to answer questions. Mr. Knight stated the Commission would be adjourning to the CIP Meeting to be held on Tuesday, April 1 at 5 :00 p.m. in the Weimer Room. Page 1 of 8 Pages Planning Commission Minutes March 17, 2008 20f8 Administrative Session closed @ 6: 50 p.m. PUBLIC PARTICIPATION: None ITEMS TO BE CONTINUED OR WITHDRAWN: (1) ZONE CHANGE NO. 1238-06, NEGATIVE DECLARATION NO. 1797-07, MINOR SITE PLAN REVIEW NO. 422-5, ADMINISTRATIVE ADJUSTMENT NO. 158-06 AND DESIGN REVIEW COMMITTEE NO. 4047-05 RICHARDSON IN-FILL GARAGE/OFFICE-ITEM CONTINUED TO APRIL 7,2008. The applicant is requesting a Zone Change approval in order to construct a new 1,683 square foot in-fill project consisting of a 170 square foot office and a 1,513 square foot three-bay garage on the vacant southern half of two lots that are currently split zoned. The northern parcel (lot 24) is zone C-1 (Limited Business District) and contains a historic residence converted for office use, and the southern parcel (lot 23) is vacant and zoned OP (Office Professional). The applicant proposes to change the current zoning of the northern parcel from Limited Business District to Office Professional zone. No change in the General Plan designation of Old Towne Mixed Use is proposed. Continue to the April 7, 2008 Planning Commission Meeting. LOCATION: 419 S. Glassell Street, Old Towne Orange Historic District RECOMMENDED ACTION: Adopt Resolution PC 11-08 recommending that the City Council approve Zone Change No. 1238-06, Negative Declaration No. 1797-07, Minor Site Plan Review No. 422-05, Administrative Adjustment No. 158-06, and Design Review No. 4047-05 Commissioner Bonina made a motion to continue PC 11-08, Zone Change No. 1238-06, Negative Declaration No. 1797-07, Minor Site Plan Review No. 422-05, Administrative Adjustment No. 158-06 and Design Review No. 4047-05 to a date certain of April 7, 2008. SECOND: AYES: NOES: ABSTAIN : ABSENT: Commissioner Bonina Commissioner Bonina Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED CONSENT ITEM (2) APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF FEBRUARY 20, 2008. Page 2 of 8 Pages Planning Commission Minutes March 17, 2008 30f8 Commissioner Merino made a motion to approve the February 20, 2008 minutes as written. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Steiner Commissioners Merino and Steiner None Commissioner Bonina and Whitaker Commissioner Imboden MOTION CARRIED CONTINUED HEARINGS: (3) CONDITIONAL USE PERMIT NO. 2684-07, MINOR SITE PLAN REVIEW NO. 0544-08, AND DESIGN REVIEW COMMITTEE NO. 4319- 08-CHOC HOSPITAL LOBBY EXPANSION A proposal to remodel and expand the existing hospital lobby by 3,568 sq. ft and reconfigure the existing entry drive plaza to the existing CHOC Hospital North Tower, which will result in the relocation or replacement of pedestrian access, landscaping and slgnage. LOCATION: 455 S. Main NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class I - Existing Facilities). This exemption applies to the project because the addition will not result in more than 10,000 square feet, there are services and facilities that support the facility, maximum development of the site is permissible under the General Plan, and the area is not environmentally sensitive. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 10-08 approvmg the lobby expansion. Senior Planner, Chad Ortlieb, provided a project overview consistent with the Staff Report. Chair Steiner opened the hearing for any questions to Staff. Commissioner Merino asked for clarification on the Fire Department's concern, the Fire Department was not stating that the project created a hazardous condition, but that the cueing itself could potentially create a circulation problem and potential for a condition being created? Mr. Ortlieb stated that was correct and there was a Mitigation Measure in place. The Fire Department felt a condition existed and they did not want to see it compounded. Page 3 of 8 Pages Planning Commission Minutes March 17, 2008 40f8 Commissioner Merino asked with the reconfiguration would it actually make the situation better, assuming the plan was in place? Mr. Ortlieb stated yes, it very well could. Chair Steiner opened the Public Hearing and asked the applicant to come forward. Applicant, Fred Talarico, address on file, stated they had reviewed the Staff Report and had worked with Staff over the last several months on the proposed project. The conditions were acceptable. The applicant had worked with the City Traffic Engineer and they were always working with the Fire Department to ensure things were correct. He stated the project engineer, project architect and CHOC representative were also present to answer questions. Commissioner Whitaker asked if the applicant was familiar with Conditions No.5 and 6 and did the applicant have any problems with those conditions? Mr. Talarico stated he was familiar with the conditions and he had absolutely no problem with the conditions. Commissioner Merino asked in the applicant's view was there a workable solution to address the cueing problem the Fire Department had pointed out? Mr. Talarico stated he and his team were comfortable that they could work with the Fire Department and make the condition better. Chair Steiner stated the conditions were slightly unusual, as they depended on subsequent agreements being reached. The applicant had indicated they did not foresee a problem obtaining those agreements. Regarding Condition No.6, he asked if they anticipated any problems obtaining the written agreement from St. Joseph's? Mr. Talarico stated they had worked with St. Joseph's for a number of years and he did not anticipate any problems. Chair Steiner opened the hearing for Public Comment, there was none. He brought the item back to the Commission for discussion. Chair Whitaker made a motion to Adopt Planning Commission Resolution No. 10-08, to approve Conditional Use Permit No. 2684-07, Minor Site Plan Review No. 0544-08, and Design Review Committee No. 4319-08 Choc Hospital Lobby Expansion, recognizing the item was categorically exempt from CEQA. SECOND: AYES: NOES: ABSTAIN : ABSENT: Commissioner Bonina Commissioner Bonina, Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED Page 4 of 8 Pages Planning Commission Minutes March 17, 2008 50f8 (4) CONDITIONAL USE PERMIT NO. 2694-07-KING LOBSTER PALACE A proposal for approval of a Type 41 ABC license (On-Sale Beer and Wine-Eating Place) at a new eating establishment. LOCATION: 2045 N. Tustin NOTE: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 5301 (Class I-Existing Facilities) because the project consists of the operation and the licensing of an establishment within an existing private structure. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 07-08 approving the on sale of beer and wine. Assistant Planner, Sonal Thakur, provided a project overview consistent with the Staff Report. Chair Steiner opened the hearing for any questions to Staff. Commissioner Merino stated the area designated on the floor plan as the service area was originally a bar. The conditions stated the applicant could not operate a bar. He asked if she had discussed with the applicant what the intent for the area was and why it had not been converted to a seating area or some other use? Ms. Thakur clarified that he was referring to the service area and she would defer that question to the applicant. She believed the area would be used by the servers to obtain additional plates, items or beverages to service the tables. Chair Steiner asked ifthe building had been vacant since 2005? Ms. Thakur stated yes. Chair Steiner stated one of the prior applicants, (referencing a prior applicant from page 10) engendered a certain degree of inquiry, and in that prior instance Staff had recommended a denial, and asked if the difference in opinion on recommending an approval on the proposed application was due to the nature of the business and the nature of the business proposed to be operated? Ms. Thakur stated the prior applicant had requested a Type 47 license with a restaurant that included an accessory dance floor. When Staff reviewed the floor plan and project details, the proposal presented itself as more of an entertainment or nightclub venue. The current proposal was for a Type 41 license and Staff did not have the same concerns. Chair Steiner asked if notification had gone out to potential sensitive receptors, and had Staff received any opposition to the application. Page 5 of 8 Pages Planning Commission Minutes March 17, 2008 60f8 Ms. Thakur stated notification was sent out and she was not aware of any complaints being received. . Commissioner Merino asked if the service area were to be used as a bar, would that be a Code Enforcement issue or a Police Department matter? Ms. Thakur stated it would be an issue for the Police Department. Initially the Code Enforcement Department along with the Staff Planner would communicate with the applicant and notify them of a CUP violation. Commissioner Whitaker, addressing Sergeant Bird, asked in the 20 years Spoon's Restaurant had operated under a CUP at the same location were there any statistics that caused the Police Department issue? Sergeant Bird stated he could not review the history of Spoon's, per ABC Law he looked at the last year of crime statistics. Commissioner Whitaker asked if it was the last year a business was in existence at the same address or the last year when the property was vacant? Sgt. Bird clarified it was the last year when the property was vacant. Commissioner Whitaker asked if he had knowledge of incidents that had occurred when the property had been in business as a Spoon's Restaurant? Sgt. Bird stated he had been employed with the Police Department for 19 years and he was certain there were incidents where a bar and alcohol were present, however, he could not speak to any specific incident. Chair Steiner stated there was often times a concern by the Commission when there was a request for an application in an area that was considered high crime. He asked if the crime in the proposed project area was attributed to a particular area within the crime reporting district? Sgt. Bird stated there was an area within the crime reporting district that would have a higher density of crime than other portions of the crime reporting district. Chair Steiner asked ifit was Sgt. Bird's assessment that the crime problem was attributed to the sale of alcohol from other establishments in that area or was it due to a more insidious issue? Sgt. Bird stated he was the supervisor of the Gang Unit and had a lot of presence in that particular area. As far as the establishments in the area contributing to the crime rate, he felt it was due to other factors. Chair Steiner asked if the proposed establishment was more of a Polly's Pies type business, a family friendly restaurant and not the type of establishment that they had previously dealt with? Page 6 of 8 Pages Planning Commission Minutes March 17, 2008 70f8 Sgt. Bird stated he agreed. Chair Steiner asked ifhe agreed that the vacancy of a property, over time, could actually contribute to crime? Sgt. Bird stated yes, it could add to the economic hardship or blight of a particular area. Without an occupant in the property there would not be anyone available to maintain the grounds or surrounding area. If there was an accumulation of graffiti it could spread to other occupied properties. Chair Steiner opened the public hearing and asked the applicant to come forward. Applicant, Steven Chung, 1012 Sierra Vista, Alhambra, stated they proposed to operate a Hong Kong style, Cantonese seafood, and dim sum restaurant. It would be a family-style restaurant. Very often there would be two to three generations of a family dining together. There would be no loud music or dancing in their establishment. The reason for the Alcohol License would be to enable them to offer beverages to enjoy the cuisine with. In regard to the bar and service area, they did not intend to have a bar or seating area and the area would be better termed a waiter's station. Tea was a very integral part of dim sum, and it was refilled very quickly. The wait staff would utilize the designated service area to refill the tea service along with other beverages that would be located in that area. Commissioner Whitaker stated the prior applicant at the location had a lease and part of their petition to the Commission was that an extreme economic hardship condition would be created as they would still be required to pay their lease even if they were not permitted. He asked what the nature of their agreement was? Mr. Chung stated they had a lease directly from the landlord and they were not sub- leasing from a prior applicant. Commissioner Bonina stated he wanted to bring their attention to Condition No. 24 & 25, regarding the parking lot. He had driven through the parking lot and some of the light structures were damaged. He asked, in reviewing those conditions, was it the applicant's intent to repair the lights and properly light the parking lot? Mr. Chung stated they had contracted with a vendor to take care of the lighting. Chair Steiner closed the Public Hearing and brought the item back to the Commission for discussion. Chair Steiner stated he had taken a particular interest in the application as he had married into a Cantonese family and the introduction to dim sum. He was delighted to see the application and the City was eager to develop the property. He felt the proposed restaurant would be great for the area and the applicant had a significant history in running the proposed type of business. He had seen some of the improvements already made and was pleased with that. Page 7 of 8 Pages Planning Commission Minutes March 17, 2008 80f8 Chair Whitaker made a motion to Adopt Planning Commission Resolution No. 07-08 to approve Conditional Use Permit No. 2694-07 King Lobster Palace. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Steiner Commissioner Bonina, Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED (5) ADJOURNMENT Chair Steiner made a motion for adjournment to the CIP Joint Study Session on Tuesday, April 1, 2008 at 5 :00 p.m. in the Weimer Room. SECOND: AYES: NOES: ABSTAIN: ABSENT: Commissioner Bonina Commissioners Bonina, Merino, Steiner and Whitaker None None Commissioner Imboden MOTION CARRIED MEETING ADJOURNED @ 7:36 P.M. Page 8 of 8 Pages